What rights does a father have to his child if he isnt on the birth certifate?
Well the first thing he would need to do is establish paternity, which would mean DNA testing.You all could do this willingly or he could force the issue in two ways 1. he could get an attorney go to court and demand that you allow DNA testing. or 2. If you are on public assistance he could simply go to the Welfare state that he is the father and wants to establish his parental rights they will then set up a meeting and you will have to sigh a legal document stating he is the father, or they could get the testing for the DNA testing, if you refuse they can take away your assistance. once paternity is established he can get visitation rights, and he will be ordered to pay child support. The type of visatation order depends on what the state implaments
What are the legal rights of son in the property of his father?
In India, as per Hindu succession Act,a. If the property is ancestral, son/children have the right over the property. For the property to be ancestral, it has either to be inherited by the father from his father i.e. the grand father after his death or the grandfather, in his life time, have partitioned the property. But, if the father has got the property from grandfather as a gift, it will not be considered as ancestral property.[1]b. If the property is self acquired by the father, son/children can claim no right over it. [2]Footnotes[1] Supreme Court puts Final Death Nail on Concepts of Ancestral Property & Joint Family Property, Read Judgment - Latest laws[2] Son has no legal right in parents' house, can stay at their mercy: Delhi high court - Times of India
Is it wrong that I want my son's father to sign his rights over?
Since you didn't state why you want to terminate your baby daddy's paternal rights I will say at the outset you are wrong.This actually happened to my son when he was in college. At this time let me say that my ex-husband had no contact with him or his brother from a young age, so they were pretty much fatherless other than the time they spent with my dad.When my grandson was born both his mother and maternal grandmother tried to get my son to sign away his rights as a father. He absolutely refused to do so.For the next 18 years child support was paid every month without fail. If my son was not deployed at the time he got visitation as scheduled. My grandson is now in college and my son, having already acquired a college degree, is using his GI Bill to pay the tuition. He also bought him a car after high school graduation so he could work and commute home.As Judge Judy would say, you chose to have sex with this guy and have a baby with him. Just because you were the incubator for nine months that child is just as much your ex's as it is yours. Kids have a right to have both parents in their lives even if the parents hate each other.Once again, you didn't say why you wanted to cut your son's father out of his life. If he is somehow a danger to the boy, that's one thing. But just being pissed off at him doesn't cut it, and you'll probably also find out that even if he isn't paying child support he still has a legal right to see his son - if he wants to.Furthermore, if you try to play games with visitation like last-minute cancellations or other acts of sabotage you may end up the worse for it legally. Family court judges don't like that kind of monkey business one bit and will call you out on it in a heartbeat.So…put on your big-girl pants and accept the fact that the sperm donor can be in his son's life as long as he wants.And don't forget the grandparents.
How can I take away the rights of my child's father?
No. Only a court of competent jurisdiction has authority to do that, and it is done only to preserve the best interests of the child.Courts are extraordinarily reluctant to remove either parent from a child’s life. They evaluate the needs of the child based on the circumstances in the home, and medical social, and psychological issues, among others. And, they have well over a century of modern jurisprudence to consider in making a final decision of this sort. In family law, it is the equivalent of the death penalty, in criminal law.You ought to consider your reasons for wanting to ask for this extreme sanction, no matter your opinion of the father. Heck, you once thought he was a suitable partner yourself. What has changed?Talk to a psychologist or two before you spend your money on a lawyer. You may save yourself some major trauma.And, think always: is this in the best interests of my child, for today, and for the next 18 years or more?
Does my childs father have rights? He is on the cert, but rarely gets her or pays support.?
I wouldn't hold visitation rights over his head because he's not making payments on time. You can settle that in family court and if he's really far behind they'll garnish his wages. I'm not sure what kind of threats he's making but if he wants to be a good father and visit with his daughter, its unfair of you to deny your daughter of that bond. The courts will always look out for the best interest of the child.
Can I deny visitation rights to my child's father if he consistently tries to retrieve my child on the wrong days?
No. You follow the visitation rights as specified in the divorce decree or other legal document. That means you make it clear he won't be seeing the children except on those days and times as specified and turn him away immediately if he shows up at the wrong time or day. Then stop answering the door. Document via registered letter and copy of visitation decree. Keep a journal and/or recording of his attempts to ignore the correct days and times. Consult lawyer if needed or court system.Best wishes to you and you child!
Do fathers have the same parental rights as mothers?
The idea that mothers get custody over fathers is really based on the model that 90% of split families (parents don't live together because of divorce or unmarried parents living apart) are households with mothers having primary custody of the children. But that 90% are cases where custody was undisputed. When parents break up, the father usually doesn't want to be saddled with the kids full-time. They may want to have the kids with them some of the time, but it's rare when they want primary custody.In the cases where custody is disputed by mother and father, however, fathers win full custody about 70% of the time. So it isn't true that fathers are less likely to gain custody of children. It's only true that about 90% of the time, mothers end up with the kids because custody is undisputed, or the fathers aren't even around. When custody is disputed, though, fathers get it more than two-thirds of the time.
If the father of my child dies, does any life insurance money go to me for child support?
Maybe, but…I am assuming the child is a minor?A minor cannot delegate money and payouts. The best and easiest strategy for access to the funds is if a Trust (a legal structure) is made the beneficiary with instructions for payout to the child.If there is no Trust and the father dies while the child is a minor, the COURT will appoint a guardian for the child - which is likely to be you, the mother. Here is the crazy part - that process takes TIME and sucks up a LOT of the money that should go to the child as legal fees for the lawyers and courts are pulled from the child’s money.If you can get a trusted friend to ensure the dad is aware of that loophole, then it would be wise if he goes to his bank or lawyer and ask about setting up a Trust and naming the Trust as the beneficiary of his estate and leave instructions for the Trust to make a payout to the child.If you are considering life insurance on you, I recommend the same thing - because even if you are not the child’s main money contributor - you may still want to put a policy on yourself to gift your child something on your passing. If you need help with that, feel free to reach out to me, or to ask more questions. Create Your Abundance & Cover Your Assets